SHANTI Bill and Nuclear Sector Reforms

Syllabus: Infrastructure: Energy, Ports, Roads, Airports, Railways etc.

Background and Context

  • Parliament passed the SHANTI Bill, despite Opposition demands for amendments and Select Committee review.
  • Government boosted the Nuclear Energy Mission with ₹20,000 crore for SMRs and advanced reactors.
  • India’s nuclear sector remained State-controlled since 1956, restricting private and foreign entry.
  • Strict liability under earlier laws discouraged private and foreign participation.

What is the SHANTI Bill?

  • SHANTI Bill opens India’s nuclear power sector to private and foreign participation.
  • Allows private Indian companies to own, build, and operate nuclear power plants.
  • Permits foreign suppliers, while limiting private participation to 49%, retaining 51% government control.
  • Ends NPCIL’s monopoly in plant construction and operation.
  • Encourages public–private partnerships across fuel fabrication, equipment, operations, and R&D.
  • Supports Small Modular Reactors (SMRs) and indigenous reactor deployment.

Role and Powers of Atomic Energy Regulatory Board (AERB)

  • AERB granted statutory status, accountable directly to Parliament.
  • Responsible for nuclear safety, radiation protection, emergency preparedness, and quality assurance.
  • Issues licences, standards, inspections, and safety clearances across civilian nuclear installations.
  • Expanded role due to increased private sector participation, raising concerns of power concentration.

Safeguards and Regulatory Controls

  • Bill does not explicitly permit FDI in nuclear power.
  • Mandatory AERB authorisation for radioactive material production, operation, disposal, and facility withdrawal.
  • Government retains control over spent fuel reprocessing, heavy water production, enrichment, and waste management.
  • Establishes a nuclear liability fund for accident compensation.

Changes in Nuclear Liability Regime

  • Introduces clear liability caps for operators:
    • ₹3,000 crore for large plants (3,600 MW).
    • ₹1,500 crore for medium plants.
    • ₹100 crore for SMRs.
  • Government bears liability beyond caps, supported by liability fund.
  • Supplier liability removed, unlike earlier regime.
  • Penalties for severe violations capped at ₹1 crore.

Government’s Rationale

  • Enhances energy security, reduces fossil fuel dependence, and supports 24×7 baseload power.
  • Strengthens clean energy transition with low-carbon nuclear power.
  • Supports India’s net-zero target by 2070.
  • Revives stalled civil nuclear cooperation beyond Russia.

Opposition’s Criticism

  • Bill dilutes accountability, shifting risks to State and society.
  • Removal of supplier liability undermines ‘polluter pays’ principle.
  • Liability caps considered inadequate compared to Fukushima and Chernobyl costs.
  • Section 39 overrides RTI Act, reducing transparency and public scrutiny.
  • Section 42 excludes nuclear workers from labour safety laws.
  • Lacks provisions for public hearings, EIAs, community consent, and Parliamentary oversight.
  • Accused of being vendor-driven, pro-profit, and compromising public safety.

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